Undocumented students in Virginia could be at risk of losing their eligibility for in-state college tuition after the U.S. Department of Justice filed a suit challenging current state laws, but advocates have asked the court to pause the case so students’ voices can be heard.
At issue in the lawsuit is a 2020 state law granting in-state college tuition to undocumented students who graduated from Virginia high schools, which the DOJ argues is unconstitutional, according to reporting by Inside Higher Ed. Virginia Attorney General Jason Miyares said he agrees with the DOJ.
In a joint court filing on Tuesday, Dec. 30, 2025, Miyares and Justice Department attorneys asked a federal judge to invalidate the Virginia Dream Act and bar the state from enforcing it. The Virginia Dream Act grants in-state tuition and financial aid eligibility to undocumented students who attend Virginia high schools for two years and who have filed (or whose parents have filed) state income taxes for at least two years.
Under current state law, citizens must live in Virginia for one year and intend to remain in the state indefinitely in order to qualify for in-state tuition, which is typically significantly less costly. For example, a first-year student eligible for in-state tuition at the University of Virginia’s college of arts and sciences would pay approximately $20,000 in tuition and fees compared to nearly $60,000 for an out-of-state student.
The Trump administration sued Virginia on Dec. 29, 2025, with federal lawyers arguing that the state’s policy conflicts with the 1996 Illegal Immigration Reform and Immigrant Responsibility Act by granting educational benefits to undocumented students that are not available to U.S. citizens from other states, Reuters reported.
The lawsuit is part of a broader campaign by the Trump administration to challenge so-called “tuition equity” laws nationwide, according to Reuters. At least 21 states and Washington, D.C., have similar laws, and the Justice Department has brought comparable lawsuits in Texas, Oklahoma and several other states, some of which quickly agreed to block enforcement.
If approved, the consent decree would make Virginia the fourth state to eliminate in-state tuition policies for undocumented students, Inside Higher Ed reported.
More than 10,000 undocumented Virginia college students could lose their in-state tuition under the consent decree, prompting some legal advocates to push back, according to 29News. On Dec. 31, the Legal Aid Justice Center and ACLU filed a motion on behalf of Virginia’s Dream Project, asking a federal judge to pause any ruling so that the voices of affected students can be heard. The groups emphasized that students who have grown up and attended school in Virginia relied on the law to make important educational and life decisions, and they urged the court to allow their input before any decision is finalized.
Miyares, who lost his reelection bid to Democrat Jay Jones in November, said the Virginia statute is preempted by federal law. Jones criticized the agreement as an attack on Virginia students and a last-minute move to prevent the new administration from defending them, adding that his office is reviewing legal options, according to Inside Higher Ed.
Editor’s note: This article was update on Jan. 6, 2026, to clarify that the court has not made a decision to end in-state tuition for undocumented students in Virginia.
While we can’t cover every story that’s important to you, we do our best to be responsive to your needs. We use tips from readers to choose which stories to cover, to incorporate information into broader reports or to help us decide how to grow Charlottesville Tomorrow. Here’s where you can tell us what you think we should be covering.
More about federal government intervention at UVA
An Albemarle County farm joined over 100 others in a multimillion project to study how to stabilize farm labor — then the USDA cut research funding
After the Trump administration canceled a UVA research project, farmers and experts say a rare chance to evaluate farm labor reforms may be lost.
Federal ruling ends Trump’s anti-DEI directive aimed at universities, but future of diversity programs at UVA remains unclear
In order to restore diversity programs, UVA’s Board of Visitors would need to reverse its own March 2025 resolution dismantling DEI initiatives at the university.
Virginia Democrats move to rein in ‘politicized’ university boards after UVA turmoil
Proposed legislation would limit governors’ power over boards and expand faculty, staff and student voices.
More local News
After two years without independent counsel, Charlottesville’s police oversight board has an attorney to represent its interests to the city
New counsel will review suggested ordinance changes that will shape the Board’s role before a planned meeting with City Council.
Charlottesville city officials promise not to displace unhoused community members during an encampment cleanup effort this week
Citing public health, safety and environmental concerns, city staff and a local landscaping company will clean up trash and install portable toilets and sharps disposal containers at the site Tuesday, March 24 and Wednesday, March 25.
In Orange and Louisa, residents and public officials voice concerns over proposed Valley Link transmission line
Residents are speaking out about potential negative impacts on homes and farmland, and many local governments are finding their influence is limited, as the fate of the project rests with state regulators.
The Prolyfyck crew is growing — in the next 20 years, its leader wants to show up for the neighborhoods where they run
James “Littlez” Dowell co-founded Prolyfyck Run Creww as a way to bring communities together through fitness. But now it’s so much more.
Fluvanna Board of Supervisors approves Tenaska plant despite Planning Commission’s opposition
Supervisors voted 4-1 in favor of the proposed power plant, which now needs state-level approval before construction can begin in 2028.
